82 FR 44731 - Drawbridge Operation Regulation; Willamette River, Portland, OR
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 185 (September 26, 2017)
Coast Guard
Federal Register Volume 82, Issue 185 (September 26, 2017)
| Page Range | 44731-44733 | |
| FR Document | 2017-20512 |
[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)] [Rules and Regulations] [Pages 44731-44733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-20512] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-0474] RIN 1625-AA09 Drawbridge Operation Regulation; Willamette River, Portland, OR AGENCY: Coast Guard, DHS. ACTION: Temporary interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is modifying the operating schedule that governs the Morrison Bridge across the Willamette River, mile 12.8, at Portland, Oregon. The temporary interim rule is necessary to accommodate Multnomah County's (bridge owner) unexpected extension of time required to replace the bridge decking. This temporary rule is necessary due to the amount of days requested by the bridge owner. The active deviation expires at the 180th day, and the Coast Guard does not approve back-to-back deviations. DATES: This temporary interim rule is effective from 7 p.m. on September 27, 2017, through 7 p.m. on November 12, 2017. Comments and related material must reach the Coast Guard on or before October 26, 2017. ADDRESSES: You may submit comments or view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG-2017-0474 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rulemaking. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. FOR FURTHER INFORMATION CONTACT: If you have questions on this interim rule, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking Sec. Section U.S.C. United States Code II. Background Information and Regulatory History On June 23, 2016, we published a temporary deviation entitled Drawbridge Operation Regulation; Willamette River, Portland, OR, in the Federal Register (81 FR 40813), where we did not request comments. However, we conducted a public outreach in May 2016 and did not receive any objections. No complaints have been submitted [[Page 44732]] during the current temporary deviation's operation. The Coast Guard is issuing this temporary interim rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are ``impracticable, unnecessary, or contrary to the public interest.'' Under 5 U.S.C. 553(b), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must modify the operation schedule of the bridge by September 27, 2017 to allow Multnomah County to replace the bridge decking, but we lack sufficient time to provide a reasonable comment period and then consider those comments before issuing the modification. We are issuing this rule and under 5 U.S.C. 553(d)(3), and for the reasons stated above, the Coast Guard finds that good cause exists for making it effective in less than 30 days after publication in the Federal Register. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority 33 U.S.C. 499. The Coast Guard is modifying the operating schedule that governs the Morrison Bridge across the Willamette River, mile 12.8, at Portland, Oregon. The Morrison Bridge is a double bascule bridge. When the bascule span is in the closed-to-navigation position, the bridge provides 69 feet of vertical clearance, and in the open position provides unlimited vertical clearance. The normal operating schedule for the Morrison Bridge is in accordance with 33 CFR 117.897(c)(3)(iv). Multnomah County, the bridge owner, contacted us requesting additional time to deviate from the operating rule due to delays in receiving replacement parts, and needing to fabricate parts on site. Multnomah County requested that the Morrison Bridge be allowed to only open half the span, 92 feet, as opposed to a full opening, 185 feet, to accommodate extra time to replace bridge decking. The County has also requested to reduce the vertical clearance of the non-opening side of the span with scaffolding erected 10 feet below the lower bridge cord for a containment system, and to require at least a two hour advance notice for an opening. Waterway usage on this part of the Willamette River includes vessels ranging from commercial tug and barge to small pleasure craft. Vessels able to pass through the Morrison Bridge in the closed position may do so at anytime. A tug will be on site to assist vessels through the single leaf span opening upon request. The bridge will be able to open half the span for emergencies with a two hour notice, and there is no immediate alternate route for vessels to pass. IV. Discussion of the Temporary Interim Rule The Coast Guard has issued a temporary interim rule from the operating schedule that governs the Morrison Bridge across the Willamette River, mile 12.8, at Portland, Oregon. The rule is necessary to accommodate Multnomah County's replacement of the bridge decking. This rule allows the bridge to only open half of the span, single leaf, to allow for the replacement of bridge decking. The rule also allows the vertical clearance to be reduced due to the project's containment system. V. Regulatory Analyses We developed this rule after considering numerous statutes and Executive Orders related to rulemaking. Below we summarize our analyses based on a number of these statutes and Executive Orders, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ``significant regulatory action,'' under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the ability that vessels can still transit under the bridge, or give advanced notice for a half opening. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ``small entities'' comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridge may be small entities, for the reasons stated in section IV.A above, this interim rule would not have a significant economic impact on any vessel owner or operator. Multnomah County has taken precaution to provide a tug to assist vessels, if needed, so businesses will not suffer any impacts. Furthermore, half the span can be opened to vessels that require an opening. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency's responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism [[Page 44733]] principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This rule simply promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction. We seek any comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. VI. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. Documents mentioned in this Temporary Interim Rule as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1. 0 2. In Sec. 117.897, effective from 7 p.m. on September 27, 2017, through 7 p.m. on November 12, 2017, suspend paragraph (c)(3)(iv) and add paragraph (c)(3)(vi) to read as follows: Sec. 117.897 Willamette River. * * * * * (c) * * * (3) * * * (vi) Morrison Bridge, Portland, mile 12.8, shall operate in single leaf, and open half the draw on signal if at least two hours notice is given. The vertical clearance of the non-functioning leaf will be reduced up to 10 feet. Dated: September 18, 2017. David Throop, Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard District. [FR Doc. 2017-20512 Filed 9-25-17; 8:45 am] BILLING CODE 9110-04-P
![Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44731
53. Even assuming that the one-time VI. Document Availability Commission’s Online Support at (202)
cost of compliance for administering the 55. In addition to publishing the full 502–6652 (toll free at 1–866–208–3676)
change from Reliability Standard BAL– text of this document in the Federal or e-mail at ferconlinesupport@ferc.gov,
005–0.2b to BAL–005–1 is an annual Register, the Commission provides all or the Public Reference Room at (202)
cost, and assuming that all of the interested persons an opportunity to 502–8371, TTY (202) 502–8659. Email
entities affected by the revisions to both view and/or print the contents of this the Public Reference Room at
BAL–005 and FAC–001 qualify as small document via the Internet through the public.referenceroom@ferc.gov.
entities, the estimated total annual cost Commission’s Home Page (http:// VII. Effective Date and Congressional
to the industry as a whole is minimal www.ferc.gov) and in the Commission’s Notification
($19,055.90), and the average cost per Public Reference Room during normal
These regulations are effective
affected entity is $118.36. business hours (8:30 a.m. to 5:00 p.m.
November 27, 2017. The Commission
54. According to SBA guidance, the Eastern time) at 888 First Street NE.,
has determined, with the concurrence of
determination of significance of impact Room 2A, Washington, DC 20426.
the Administrator of the Office of
‘‘should be seen as relative to the size 56. From the Commission’s Home
Information and Regulatory Affairs of
of the business, the size of the Page on the Internet, this information is
OMB, that this rule is not a ‘‘major rule’’
available on eLibrary. The full text of
competitor’s business, and the impact as defined in section 351 of the Small
this document is available on eLibrary
the regulation has on larger Business Regulatory Enforcement
in PDF and Microsoft Word format for
competitors.’’ 80 The Commission does Fairness Act of 1996.
viewing, printing, and/or downloading.
not consider the estimated burden to be To access this document in eLibrary, By the Commission.
a significant economic impact. As a type the docket number of this Issued: September 20, 2017
result, the Commission certifies that the document, excluding the last three Nathaniel J. Davis, Sr.,
revised Reliability Standards will not digits, in the docket number field. Deputy Secretary.
have a significant economic impact on 57. User assistance is available for
a substantial number of small entities. eLibrary and the Commission’s Web site Appendix
during normal business hours from the List of Commenters
Abbreviation Commenter
NERC .................................................................................................. North American Electric Reliability Corporation.
Trade Associations .............................................................................. Edison Electric Institute, American Public Power Association, and Large
Public Power Council.
BPA ..................................................................................................... Bonneville Power Administration.
Idaho Power ........................................................................................ Idaho Power Company.
Appelbaum .......................................................................................... Jonathan Appelbaum.
[FR Doc. 2017–20554 Filed 9–25–17; 8:45 am] decking. This temporary rule is FOR FURTHER INFORMATION CONTACT: If
BILLING CODE 6717–01–P necessary due to the amount of days you have questions on this interim rule,
requested by the bridge owner. The call or email Mr. Steven Fischer, Bridge
active deviation expires at the 180th Administrator, Thirteenth Coast Guard
DEPARTMENT OF HOMELAND day, and the Coast Guard does not District; telephone 206–220–7282, email
SECURITY approve back-to-back deviations. d13-pf-d13bridges@uscg.mil.
DATES: This temporary interim rule is SUPPLEMENTARY INFORMATION:
Coast Guard effective from 7 p.m. on September 27,
I. Table of Abbreviations
2017, through 7 p.m. on November 12,
33 CFR Part 117 2017. CFR Code of Federal Regulations
DHS Department of Homeland Security
[Docket No. USCG–2017–0474] Comments and related material must FR Federal Register
reach the Coast Guard on or before OMB Office of Management and Budget
RIN 1625–AA09
October 26, 2017. NPRM Notice of Proposed Rulemaking
Drawbridge Operation Regulation; ADDRESSES: You may submit comments § Section
Willamette River, Portland, OR or view documents mentioned in this U.S.C. United States Code
AGENCY: Coast Guard, DHS. preamble as being available in the
docket, go to http:// II. Background Information and
ACTION: Temporary interim rule with www.regulations.gov, type USCG–2017– Regulatory History
request for comments. 0474 in the ‘‘SEARCH’’ box and click On June 23, 2016, we published a
SUMMARY: The Coast Guard is modifying ‘‘SEARCH.’’ Click on Open Docket temporary deviation entitled
the operating schedule that governs the Folder on the line associated with this Drawbridge Operation Regulation;
Morrison Bridge across the Willamette rulemaking. Willamette River, Portland, OR, in the
River, mile 12.8, at Portland, Oregon. See the ‘‘Public Participation and Federal Register (81 FR 40813), where
Pmangrum on DSK3GDR082PROD with RULES
The temporary interim rule is necessary Request for Comments’’ portion of the we did not request comments. However,
to accommodate Multnomah County’s SUPPLEMENTARY INFORMATION section we conducted a public outreach in May
(bridge owner) unexpected extension of below for instructions on submitting 2016 and did not receive any objections.
time required to replace the bridge comments. No complaints have been submitted
80 U.S. Small Business Administration, A Guide Regulatory Flexibility Act, at 18 (May 2012), https:// www.sba.gov/sites/default/files/advocacy/rfaguide_
for Government Agencies How to Comply with the 0512_0.pdf.
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![Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Rules and Regulations 44733
principles and preemption requirements will consider all comments and material Dated: September 18, 2017.
described in Executive Order 13132. received during the comment period. David Throop,
Also, this rule does not have tribal Your comment can help shape the Rear Admiral, U.S. Coast Guard, Commander,
implications under Executive Order outcome of this rulemaking. If you Thirteenth Coast Guard District.
13175, Consultation and Coordination submit a comment, please include the [FR Doc. 2017–20512 Filed 9–25–17; 8:45 am]
with Indian Tribal Governments, docket number for this rulemaking, BILLING CODE 9110–04–P
because it does not have a substantial indicate the specific section of this
direct effect on one or more Indian document to which each comment
tribes, on the relationship between the applies, and provide a reason for each DEPARTMENT OF HOMELAND
Federal Government and Indian tribes, suggestion or recommendation. SECURITY
or on the distribution of power and We encourage you to submit
responsibilities between the Federal comments through the Federal Coast Guard
Government and Indian tribes. eRulemaking Portal at http://
www.regulations.gov. If your material 33 CFR Part 117
E. Unfunded Mandates Reform Act
cannot be submitted using http:// [Docket No. USCG–2017–0573]
The Unfunded Mandates Reform Act www.regulations.gov, contact the person
of 1995 (2 U.S.C. 1531–1538) requires in the FOR FURTHER INFORMATION Drawbridge Operation Regulation;
Federal agencies to assess the effects of CONTACT section of this document for Southern Branch of the Elizabeth
their discretionary regulatory actions. In alternate instructions. River, Chesapeake, VA
particular, the Act addresses actions We accept anonymous comments. All
that may result in the expenditure by a AGENCY: Coast Guard, DHS.
comments received will be posted
State, local, or tribal government, in the without change to http:// ACTION:Notice of deviation from
aggregate, or by the private sector of www.regulations.gov and will include drawbridge regulation.
$100,000,000 (adjusted for inflation) or any personal information you have SUMMARY: The Coast Guard has issued a
more in any one year. Though this rule provided. For more about privacy and temporary deviation from the operating
will not result in such an expenditure, the docket, visit http:// schedule that governs the I–64 (High
we do discuss the effects of this rule www.regulations.gov/privacyNotice. Rise) Bridge across the Atlantic
elsewhere in this preamble. Documents mentioned in this Intracoastal Waterway, Southern Branch
F. Environment Temporary Interim Rule as being of the Elizabeth River, mile 7.1, at
available in this docket and all public Chesapeake, VA. The deviation is
We have analyzed this rule under comments, will be in our online docket necessary to facilitate routine
Department of Homeland Security at http://www.regulations.gov and can maintenance. This deviation allows the
Management Directive 023–01 and be viewed by following that Web site’s bridge to remain in the closed-to-
Commandant Instruction M16475.lD, instructions. Additionally, if you go to navigation position.
which guides the Coast Guard in the online docket and sign up for email DATES: This deviation is effective from
complying with the National alerts, you will be notified when
Environmental Policy Act of 1969 7 a.m. on October 2, 2017 through 11
comments are posted or a final rule is p.m. on November 22, 2017.
(NEPA) (42 U.S.C. 4321–4370f), and published.
have made a determination that this ADDRESSES: The docket for this
action is one of a category of actions List of Subjects in 33 CFR Part 117 deviation, [USCG–2017–0573] is
which do not individually or Bridges. available at http://www.regulations.gov.
cumulatively have a significant effect on Type the docket number in the
For the reasons discussed in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’.
the human environment. This rule preamble, the Coast Guard amends 33
simply promulgates the operating Click on Open Docket Folder on the line
CFR part 117 as follows: associated with this deviation.
regulations or procedures for
drawbridges. This action is categorically PART 117—DRAWBRIDGE FOR FURTHER INFORMATION CONTACT: If
excluded from further review, under OPERATION REGULATIONS you have questions on this temporary
figure 2–1, paragraph (32)(e), of the deviation, call or email Mr. Mickey
Instruction. ■ 1. The authority citation for part 117 Sanders, Bridge Administration Branch
We seek any comments or information continues to read as follows: Fifth District, Coast Guard; telephone
that may lead to the discovery of a Authority: 33 U.S.C. 499; 33 CFR 1.05–1; (757) 398–6587, email
significant environmental impact from Department of Homeland Security Delegation Mickey.D.Sanders2@uscg.mil.
this rule. No. 0170.1. SUPPLEMENTARY INFORMATION: The
■ 2. In § 117.897, effective from 7 p.m. Virginia Department of Transportation,
G. Protest Activities owner and operator of the I–64 (High
on September 27, 2017, through 7 p.m.
The Coast Guard respects the First on November 12, 2017, suspend Rise) Bridge across the Atlantic
Amendment rights of protesters. paragraph (c)(3)(iv) and add paragraph Intracoastal Waterway, Southern Branch
Protesters are asked to contact the (c)(3)(vi) to read as follows: of the Elizabeth River, mile 7.1, at
person listed in the FOR FURTHER Chesapeake, VA, has requested a
INFORMATION CONTACT section to § 117.897 Willamette River. temporary deviation from the current
coordinate protest activities so that your * * * * * operating schedule to accommodate
message can be received without (c) * * * annual maintenance to remove and
Pmangrum on DSK3GDR082PROD with RULES
jeopardizing the safety or security of (3) * * * replace the center locks and install new
people, places or vessels. (vi) Morrison Bridge, Portland, mile electrical wiring and lubrication piping.
12.8, shall operate in single leaf, and The bridge has a vertical clearance of 65
VI. Public Participation and Request for open half the draw on signal if at least feet above mean high water (MHW) in
Comments two hours notice is given. The vertical the closed position.
We view public participation as clearance of the non-functioning leaf The current operating schedule is set
essential to effective rulemaking, and will be reduced up to 10 feet. out in 33 CFR 117.997(e). Under this
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Document Created: 2017-09-26 02:48:26
Document Modified: 2017-09-26 02:48:26
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Temporary interim rule with request for comments. | |
| Dates | This temporary interim rule is effective from 7 p.m. on September 27, 2017, through 7 p.m. on November 12, 2017. | |
| Contact | If you have questions on this interim rule, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email d13-pf- [email protected] | |
| FR Citation | 82 FR 44731 | |
| RIN Number | 1625-AA09 |
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